Siren Retail Corp. v. NLRB

Summary

The court granted the employer's petition for review, denied enforcement of the Board's dress-code violations, and held that the Board's uniform-policy test improperly presumed restrictions unlawful and imposed a strict-tailoring burden without adequately balancing employee and employer interests. The court held that the One-Pin Policy was foreclosed by controlling circuit precedent, but remanded the Issue-Pin and Logo-Shirt Policies for reconsideration under a more balanced framework. The court also held that the employer preserved its challenge to the Issue-Pin Policy and clarified that legal conclusions are reviewed independently while factual findings remain subject to substantial-evidence review.